The forced removal of Maricarmen Abascal, an 87-year-old disabled pensioner, from her Madrid apartment of 70 years has sparked outrage and drawn attention to the uneven patchwork of tenant protections across Europe. While the Spanish case ended with a new home, it underscored how much legal security renters have—or lack—depending on where they live.
Across the continent, landlords generally cannot terminate a lease early without a legally recognized reason if the tenant is paying on time. Common justifications include selling the property, needing it for themselves or close relatives, or undertaking major renovations. But the specifics—notice periods, grace periods, and the ability to challenge evictions—vary significantly from country to country.
Spain: short notice, but some vulnerable tenants get a reprieve
Spain has one of the shortest notice periods in Europe: just two months, according to the Ley de Arrendamientos Urbanos, and only after the first year of tenancy. The landlord must be an individual, not a company. Non-payment triggers a separate legal process called desahucio por falta de pago.
However, tenants classified as “economically vulnerable” can request a suspension of eviction while social services assess alternative housing. This suspension can last up to three years, reviewed every 12 months, but may be rejected if the landlord owns fewer than three properties. The recent housing decrees aim to tighten these rules further.
France: winter truce and longer notice for unfurnished flats
France offers stronger protections. Landlords cannot terminate a lease mid-term; notice must be given three months before the end of the contract for furnished properties, and six months for unfurnished ones. Evictions are banned during the “winter truce” from 1 November to 31 March.
Tenants who fall behind on rent have six weeks to clear arrears after receiving a commandement de payer. A judge can grant up to three years to repay the debt through a payment plan, provided the tenant resumes paying current rent and is deemed capable of clearing the balance.
Germany: no minimum period, but hardship clauses
Germany’s civil code, the Bürgerliches Gesetzbuch, allows tenants to challenge a termination if it would cause them hardship. Otherwise, notice periods are three months, extending to six after five years and nine after eight. Unlike France and Spain, there is no minimum tenancy period before notice can be served.
Failure to pay rent for at least two months is enough to start a termination procedure (fristlose Kündigung). The tenant has two months to repay the debt and void the procedure, but this mechanism can only be used once every two years. A judge decides the deadline to vacate, up to a maximum of one year.
Italy: long initial term, limited early termination
In Italy, standard leases last at least four years, as regulated by law 431/98. During that period, landlords cannot ask tenants to leave for any reason unless there is a severe breach of contract. Notice must be given six months before the end of the term.
In cases of non-payment, the grace period ranges from three to four months, depending on circumstances such as unemployment or illness. If the tenant still fails to pay, eviction can occur within two months after the grace period ends.
United Kingdom: new protections in England, but not everywhere
From May 2026, England will follow Scotland’s lead by abolishing no-fault evictions under Section 21 of the Housing Act. Landlords will need a specific ground for possession, such as selling or moving in, and must give four months’ notice, which cannot be triggered in the first year of tenancy.
For rent arrears, mandatory eviction applies if the tenant owes at least three months’ rent; below that, it’s at the judge’s discretion. Wales and Northern Ireland still allow no-fault terminations, though with different notice periods: six months in Wales (after the first year), and in Northern Ireland four weeks for tenancies under a year, two months for one to ten years, and three months for over ten years.
The Maricarmen Abascal case
Abascal, who uses a wheelchair, was evicted after refusing a rent increase of more than €1,000 per month. Her pension is around €1,300, and she had been paying €500 for the flat she had lived in since 1956. The building was bought by investment fund Urbagestión in 2018, which raised the rent. The eviction triggered protests across Spain, including in Madrid and Barcelona, and drew a UN appeal. Fortunately, she was offered a new eight-year lease, and the return home was arranged.
The case has become a rallying point for housing activists, who have turned Madrid’s Puerta del Sol into a protest camp. As European governments grapple with rising rents and housing shortages, the differences in tenant protections are likely to remain a contentious issue.
